Florida Senate - 2014 SB 572
By Senator Sobel
33-00527A-14 2014572__
1 A bill to be entitled
2 An act relating to the use of a tanning facility by a
3 minor; providing a short title; amending s. 381.89,
4 F.S.; revising the age of a minor prohibited from
5 using a tanning device at a tanning facility;
6 prohibiting a minor of any age from using a tanning
7 device; providing an exception if a health care
8 provider prescribes tanning sessions for a minor to
9 treat a medical condition and the tanning facility has
10 on file a statement signed by the minor’s parent or
11 guardian; requiring the statement to be witnessed by
12 the operator or proprietor of the tanning facility;
13 prohibiting a tanning facility from providing a number
14 of tanning sessions that exceeds the health care
15 provider’s authorization, the department’s rules, or
16 the manufacturer’s exposure schedule; requiring a
17 parent or guardian to accompany a minor who is younger
18 than 14 years of age during the prescribed tanning
19 sessions; providing an effective date.
20
21 WHEREAS, frequent exposure to ultraviolet radiation through
22 the use of tanning devices increases the risk of developing skin
23 cancer, including melanoma, the deadliest form of skin cancer,
24 and
25 WHEREAS, the American Academy of Dermatology estimates that
26 nearly 2.3 million minors use tanning devices annually, and
27 WHEREAS, the United States Food and Drug Administration
28 warns that a minor’s overexposure to ultraviolet radiation
29 during childhood greatly increases the chances of developing
30 skin cancer later in life, and
31 WHEREAS, the Legislature finds that it is in the public
32 interest to protect children from the harmful effects of
33 ultraviolet radiation through the use of tanning devices by
34 restricting a minor’s access to such devices unless authorized
35 by a health care provider, NOW, THEREFORE,
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. This act may be cited as the “Preventing Youth
40 Cancer Act.”
41 Section 2. Present subsections (9) through (13) of section
42 381.89, Florida Statutes, are redesignated as subsections (8)
43 through (12), respectively, and present subsections (7), (8),
44 and (10) of that section are amended, to read:
45 381.89 Regulation of tanning facilities.—
46 (7)(a) A tanning facility may not allow a minor between the
47 ages of 14 and 18 to use a tanning device unless:
48 1. The use of the tanning device is prescribed by a health
49 care provider to treat a medical condition; and
50 2. The tanning facility it has on file a statement signed
51 by the minor’s parent or legal guardian and witnessed by the
52 operator or proprietor of the tanning facility stating that the
53 parent or legal guardian:
54 a. Has read and understands the warnings given by the
55 tanning facility;,
56 b. Consents to the minor’s use of a tanning device;, and
57 c. Agrees that the minor will use the provided protective
58 eyewear; and.
59 d. Authorizes a specified number of tanning sessions for
60 the minor as authorized by the minor’s health care provider.
61 (b) The number of tanning sessions provided by a tanning
62 facility may not exceed the number of sessions prescribed by the
63 health care provider, the rules of the department, or the
64 manufacturer’s exposure schedule.
65 (c) The parent or legal guardian must accompany a minor who
66 is younger than 14 years of age during the prescribed tanning
67 sessions.
68 (8) A minor under the age of 14 must be accompanied by a
69 parent or legal guardian when using a tanning device.
70 (9)(10) PENALTIES.—
71 (a) Each of the following acts constitutes a felony of the
72 third degree, punishable as provided in s. 775.082 or s.
73 775.083:
74 1. Owning or operating, or soliciting business as, a
75 tanning facility in this state without first procuring a license
76 from the department, unless specifically exempted by this
77 section.
78 2. Obtaining or attempting to obtain a license by means of
79 fraud, misrepresentation, or concealment.
80 (b) Each of the following acts constitutes a misdemeanor of
81 the second degree, punishable as provided in s. 775.082 or s.
82 775.083:
83 1. Failing to maintain the records required by this section
84 or knowingly making false entries in such records.
85 2. Failing to comply with subsection (7) or subsection (8).
86 (c) The court may, in addition to other punishment provided
87 for, suspend or revoke the license of any licensee under this
88 section who has been found guilty of any violation listed in
89 paragraph (a) or paragraph (b).
90 (d) In the event the department or any state attorney shall
91 have probable cause to believe that a tanning facility or other
92 person has violated any provision of paragraph (a), an action
93 may be brought by the department or any state attorney to enjoin
94 such tanning facility or any person from continuing such
95 violation, or engaging therein or doing any acts in furtherance
96 thereof, and for such other relief as to the court seems
97 appropriate.
98 Section 3. This act shall take effect October 1, 2014.